How can you accept a property you bought from a developer in Thailand?

The developer has put into operation a brand-new property in Thailand: what is the next step you should take, and what are your further actions? What should you pay attention to when inspecting the apartment? If there are shortcomings, how to get rid of them? What should you do if there are problems after signing the contract? How to make a reliable deal and protect yourself in the future? Thailand-Real.Estate can offer you to read this useful article to find answers to all these questions.

If you accept an apartment in Thailand, you are excited and feel good because you are responsible for living here with your family. There are three general recommendations:

  • First, you need to carefully examine the state of the apartment before signing the contract, and also check whether the construction company has a guarantee and for what.
  • Second, you will have to carefully inspect your residence in the brand-new building to make sure that there are no defects in it, and also check whether the electrician is in working condition.
  • Third, if you find some flaws in your flat, you do not need to sign the contract. You will then need to file your claims in writing and send them to the development company to confirm that the company will eliminate them as soon as possible.

When should you accept the apartment?

After putting the house into operation, the construction company emails you to notify that you can make an appointment to receive your property. Next, you can choose the date that an employee of the company suggested to you, or offer your own time convenient for you or your proxy. You will then agree on all details with the developer’s representative via e-mail.

The period after receiving an invitation to accept your property, during which you must come to check it, or send your representative, is prescribed in the contract. This period may be different and depends on the construction companies in Thailand — 30, 60 or 90 days.

There are unscrupulous developers who offer the client to sign the contract remotely arguing that foreign nationals who have bought an apartment cannot quickly reach Thailand. We recommend that you do not do this by referring to the relevant clause in the contract that specifies all the terms and conditions. Please don’t sign any papers with the seller remotely! You should remember that all documents that you have signed and sent by e-mail will have legal force.

How to accept a property?

On the appointed day, you or your representative come to receive a ready-to-move apartment. Representatives of the development company, such as a manager and an engineer or an employee of the construction department, hand over the property to you. If everything is perfect, and there are no defects, you can sign the act and get the keys. The developer starts preparing a package of documents to register your property. It is important that the act must be signed by an authorized person of the company — a manager or an employee with the appropriate rights. You need to check this, otherwise the document will not have legal force, which the developer can refer to in court if such a situation arises.

Besides me, who can accept the apartment?

Your representative, agent, relative or friend/acquaintance can accept your apartment instead of you, but you need a notarized power of attorney for this. In Thailand, you must translate this document into Thai, legalize it and give it to the seller. A construction company or a real estate agency can provide you with the text of a power of attorney. While in Thailand, you can also leave this document to someone if desired or necessary.

You should keep in mind that after the act is signed by the authorized person, you will no longer be able to require the developer to fix the defects in your property, except in situations stipulated by the warranty obligations.

Sometimes, development companies offer to issue a power of attorney to sign the act of acceptance and transfer of the apartment for the buyer to their employees, for example, lawyers. We strongly advise against it! The company’s specialists are interested parties, and they can hide some shortcomings. If this happens, you will not be able to make a claim.

Do you have any complaints?

If you have any complaints, you should refuse to sign the act. You can write in the developer’s act, “I refuse to sign the act” and attach a list of what you do not like. Next, you must make a copy of this document for yourself.

There is a second situation. You can write the phrase in the act, “I refuse to accept the apartment until the company fixes all the defects. I will point out all the shortcomings in writing.” You can send a letter to the developer by e-mail. All letters are official.

You must agree on all the deadlines for filing claims with the construction company. According to the law, if the defects are minimal, the company has 30 days to eliminate the shortcomings. If they are huge and essential, you should discuss this situation with the development company. It may take 60 days to fix them. It is important that this point must be documented. You should receive an email or a special official letter.

When the developer informs you that everything is ready, you will need to come again. If the shortcomings are eliminated, you set a date and sign the act. If not, then either the company gets more time, or you can demand a refund because the company has not fulfilled its obligations. You need to contact the lawyers and discuss the refund procedure.

When you move into an apartment, you discover that something is wrong

Let’s imagine that you have moved into your apartment and found some flaws.

You should keep in mind that according to the warranty obligations, the construction company must control:

  • engineering systems,
  • water supply,
  • sewerage and energy supply.

All this should be spelled out in the contract. The warranty period cannot be less than 3 years, and some construction companies give a guarantee of up to 5 years.

We emphasize that the contract is your support when interacting with the developer. You need to pay close attention to all the details when you enter into a contract with the company.

Be aware of the most common mistakes not to repeat them

When you or your representative will accept your apartment, you should pay attention to the following details:

  • all furniture and household appliances in the property comply with the annex to the contract,
  • sockets, air conditioners, televisions and other household appliances are in perfect condition,
  • doors, windows and lock work well,
  • there are no chips on ceramic tiles and much more.

Signing an act remotely, transferring a power of attorney for the acceptance of your apartment to the company’s representative and refusing to eliminate shortcomings in writing are the major mistakes that apartment buyers make. The development company is in a hurry to accept the apartment and promises to fix everything as quickly as possible. However, this does not happen. Please keep this in mind.

Property for sale in Thailand

Thailand-Real.Estate cooperates directly with local developers, so it is ready to offer you to purchase the best property for investment in Thailand in various communities and complexes. Check out the options on the website. However, if there is no property suitable for you in the catalogue, you can turn to experts who will definitely find what you are looking for.


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